The West Virginia DUI Test and Lock Program, officially called the Motor Vehicle Alcohol Test and Lock Program (ATLP), requires the installation and monitoring of an ignition interlock device (IID). An ignition interlock will disable your vehicle and prevent it from being started if the system detects any alcohol in your bloodstream.
The interlock comes with a blow tube that you have to blow into every time you start your vehicle. The interlock will be ordered by a judge for anyone convicted of aggravated DUI, or if you are convicted of a second or more DUI in a 10-year timeframe. For other lesser DUI offenses, the ATLP is an optional alternative.
You face a WV aggravated DUI if your blood alcohol content (BAC) registered over 0.15 on the State’s official breathalyzer test. This secondary test is given at the police station or at a local hospital or other medical facility. Your BAC can also be obtained through a DUI blood test.
For an aggravated DUI conviction, mandatory jail time ranges from 24 hours up to 6 months. Your driver’s license will be revoked for a minimum of 45 days, and you must install an ignition interlock for a minimum of 270 days.
Am I Eligible For The WV Test And Lock Program?
The Test And Lock Program has different eligibility requirements based on a driver’s age and the type of impaired driving charge issued by police. WV DUI lawyer Harley Wagner will explain your lock and test program options. If the program is in your best interests and you qualify, you will fill out an application and submit it for consideration.
When you submit your application, you are officially waiving your right to an administrative license hearing conducted by the WV DMV. Your application will be sent along with a mandatory $100 application fee. The Wagner Law Firm will help you file the proper paperwork on time.
If you have been charged with a non-aggravated first offense DUI (BAC less than .15), your license will be revoked for 15 days minimum, and the ignition interlock will stay on for 125 days minimum.
If you have been charged with an aggravated first offense DUI (BAC equal to or greater than .15), your license will be revoked for 45 days minimum, and the ignition interlock will stay on for 270 days minimum.
Special Circumstances Will Increase Your Revocation Period And Interlock Requirement
If while driving under the influence of alcohol and/or drugs, your actions caused the death or serious injury to a passenger or another motorist, your WV driver’s license will be revoked for a much longer period, and the ignition interlock will stay on your vehicle a lot longer.
Harley Wagner will go over all the specific test and lock program penalties with you during your FREE consultation. WV DUI laws are complicated and hard to keep up with, even for criminal defense attorneys who dabble in DUI cases. Harley Wagner has devoted his entire practice to impaired driving defense, and he is a top-notch specialist in this field of law.
It would be a mistake to agree to any WV DUI alternative programs without first consulting with the best WV DUI lawyer you can find.
The Wagner Law Firm wants to help you make the best decision for you and your family. You only get one shot at this. A mistake based on faulty or incomplete information can bring on a lifetime of harsh penalties. Please call us at (304) 901-7400 day or night to learn everything you can about the WV Test And Lock Program.
Any information given in these web pages does not constitute legal advice or establish an attorney-client relationship with West Virginia DUI lawyer Harley Wagner or with The Wagner Law Firm. This legal web site is intended solely for marketing and advertising purposes. The information contained on this site is meant to provide you with an overview of the representation our law firm offers. Plus, Mr. Wagner tries to supply you with useful information and legal guides for your edification.
The information contained on these pages should not be used as a substitute for speaking with a DUI attorney in WV about your criminal defense issues and is not meant to comprehensively address your specific legal issues, which will be different in every case.
Much like having a medical condition, unique situations require a unique diagnosis and treatment. DUI lawyers near me have varying levels of experience in DUI defense. Therefore, always compare legal services and then consult a West Virginia attorney for legal advice regarding your specific matter.